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S.D. EX REL. DICKSON v. HOOD

No. 03-30007.

391 F.3d 581 (2004)

S.D., by and through his next friend, Richard DICKSON, Plaintiff-Appellee, v. David HOOD, in his capacity as Secretary of the Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 2004.

Attorney(s) appearing for the Case

David Holman Williams (argued), Laurie Peller, Peller & Williams, New Orleans, LA, for Plaintiff-Appellee.

Caroline Montrose Brown (argued), Nathan A. Brown, Covington & Burling, Washington, DC, Richard Lee Henley, Dept. of Health & Hospitals for the State of Louisiana, Baton Rouge, LA, for Defendant-Appellant.

Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.

DENNIS, Circuit Judge:

This appeal challenges the district court's judgment enforcing a Medicaid recipient's right of action under the Civil Rights Act, 42 U.S.C. § 1983, based on a state Medicaid agency's deprivation of his federal statutory right to medical assistance under the Medicaid Act, 42 U.S.C. § 1396 et seq. The issues are: (1) whether the Louisiana Department of Health and Hospitals (LDHH), the state Medicaid agency, unlawfully denied the recipient...

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